A v M (No 3) [2024] EWFC 29925 October 2024

Cohen J. Application by H to strike out W’s application to set aside a final order in financial remedies proceedings on the ground of H’s misrepresentation.

• Cases

• Disclosure
• Conduct
• Striking Out Applications
• Setting Aside Orders (Including Barder Applications)

• Olivia Currie

Ma v Roux: Can You Strike Out a Set Aside Application?

It was settled in Wyatt v Vince [2015] UKSC 14 that the court cannot strike-out/give summary judgment on a legally recognisable application for a financial remedy order as an applicant is entitled to have such an application heard on its merits. But is that the end of the matter? In Ma v Roux [2024] EWHC 1917 (Fam) Francis J heard an appeal from HHJ Reardon.

• Blog

• Striking Out Applications
• Setting Aside Orders (Including Barder Applications)

• Nicholas Allen KC
• Philip Tait

!25/09/2024 17:32

PF v QF [2024] EWFC 10 (B)15 January 2024

HHJ Reardon. Application to strike out W’s FR claim resulting from her bigamy (ex turpi causa).

• Cases

• Void Marriage
• Conduct
• Ex Turpi Causa
• Striking Out Applications

• Liam Kelly

H v GH [2023] EWFC 2357 December 2023

Simon Colton KC. Strike out of an application to extend time for payment of a lump sum.

• Cases

• Extension of Time
• Lump Sum
• Guideline Hourly Rates
• Costs
• Masefield v Alexander
• Striking Out Applications

• Sophia Paraskeva

H v W [2023] EWFC 12014 July 2023

HHJ Reardon KC. This case concerns cross-applications regarding a final financial remedy order made in May 2021 (the 2021 order) by Recorder Anderson. This included an application by H for a further lump sum to compensate him for losses due to W’s a…

• Cases

• 'Thwaite Jurisdiction'
• Conduct
• Delay
• Costs
• Striking Out Applications
• Cross-Applications
• Compensation Principle
• Enforcement
• Setting Aside Orders (Including Barder Applications)

• Sarah Hogarth

RL v NL [2023] EWFC 759 May 2023

HHJ Madeleine Reardon KC. Striking out of Husband’s application to set aside a financial remedy order made in 1995. The FR order provided that H was to transfer his interest in FMH to W and thereafter there was to be a clean break, but the transfer…

• Cases

• Delay
• Striking Out Applications
• Setting Aside Orders (Including Barder Applications)

• Polly Morgan | Case Editor

SS v RS [2023] EWFC 32 (Fam)16 March 2023

Sir Jonathan Cohen. Application by H, inter alia, for compensation relating to delay in W complying with an undertaking to use her best endeavours to procure the release of H from the mortgage on the family home following a financial remedy order in 2019.…

• Cases

• Domestic Abuse
• Costs
• Undertakings
• Striking Out Applications
• Compensation Principle

• Stephanie Coker

Timokhin v Timokhina [2023] EWHC 58 (Fam)17 January 2023

Roberts J. Was a decision to stay a Sch 1 application pending conclusion of proceedings in another jurisdiction a substantive or procedural one?The parties were Russian nationals and parents to two children, aged 11 and 18. The children had lived in Londo…

• Cases

• Jurisdiction
• Children Act 1989 Schedule 1 Applications
• Appeals
• Striking Out Applications

• Christie Elizabeth O’Connell

AB v CD [2022] EWFC 11629 July 2022

Roberts J (‘the judge’) dealt with an application to set aside a consent order made in financial remedy proceedings, and a responding application to strike out or summarily dismiss H’s application. The parties were both independently wealthy and had a sho…

• Cases

• Financial Remedies Court (FRC)
• Striking Out Applications
• Valuation of Shares
• Setting Aside Orders (Including Barder Applications)

• Christie Elizabeth O’Connell